Sec. 12. citizen suits
598 words·~3 min read·
/statute-compilations/comps-888/sec-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 12 citizen suits ###
(a)Except as provided in subsection (b), any person (other than the United States) may commence a civil action on his own behalf— ####
(1)against any person (including
(A)the United States, and
(B)any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any noise control requirement (as defined in subsection (e)5), or 5So in law. Probably should refer to subsection (f). ####
(2)against— #####
(A)the Administrator of the Environmental Protection Agency where there is alleged a failure of such Administrator to perform any act or duty under this Act which is not discretionary with such Administrator, or #####
(B)the Administrator of the Federal Aviation Administration where there is alleged a failure of such Administrator to perform any act or duty under section 611 of the Federal Aviation Act of 19586 which is not discretionary with such Administrator. 6Should refer to section 44715 of title 49, U.S.C. See footnote under section 3(3)(A). The district courts of the United States shall have jurisdiction, without regard to the amount in controversy, to restrain such person from violating such noise control requirement or to order such Administrator to perform such act or duty, as the case may be. ###
(b)No action may be commenced— ####
(1)under subsection (a)(1)— #####
(A)prior to sixty days after the plaintiff has given notice of the violation
(i)to the Administrator of the Environmental Protection Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such section 6116) and
(ii)to any alleged violator of such requirement, or #####
(B)if an Administrator has commenced and is diligently prosecuting a civil action to require compliance with the noise control requirement, but in any such action in a court of the United States any person may intervene as a matter of right, or ####
(2)under subsection (a)(2) prior to sixty days after the plaintiff has given notice to the defendant that he will commence such action. Notice under this subsection shall be given in such manner as the Administrator of the Environmental Protection Agency shall prescribe by regulation. ###
(c)In an action under this section, the Administrator of the Environmental Protection Agency, if not a party, may intervene as a matter of right. In an action under this section respecting a noise control requirement under section 611 of the Federal Aviation Act of 1958,6 the Administrator of the Federal Aviation Administration, if not a party, may also intervene as a matter of right. ###
(d)The court, in issuing any final order in any action brought pursuant to subsection
(a)of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate. ###
(e)Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any noise control requirement or to seek any other relief (including relief against an Administrator). ###
(f)For purposes of this section, the term “**noise control requirement**” means paragraph (1), (2), (3), (4), or
(5)of section 10(a), or a standard, rule, or regulation issued under section 17 or 18 of this Act or under section 611 of the Federal Aviation Act of 1958.7 7Should refer to section 44715 of title 49, U.S.C. See footnote under section 3(3)(A). **[**[42 U.S.C. 4911](/us/usc/t42/s4911)**]**
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U.S. Code